This is an AAO appeal decision — a case denied once and appealed. It shows how the framework is applied; it is not the filing population.
The petitioner sought to continue serving as chief executive officer of a company he founded that develops vehicle simulators incorporating movement and virtual reality, while also spending some time on a separate home design company he established in Florida.
Field: virtual reality vehicle simulation technology · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“As [the] motion does not provide new facts or gives reasons for reconsideration supported by any pertinent precedent decisions, [the] motion is dismissed”
AAO decision text - business plan · discounted
“the past record and the potential prospective impact of the proposed endeavor point to a single impact with a company”
AAO decision text
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Notable
This decision is purely procedural: the AAO did not reach the merits of national importance or the balancing prong because the underlying appeal challenged the denial of the petition itself rather than the dismissal of the motion to reconsider, which was the only matter properly before the AAO. The AAO applied the BIA's Matter of O-S-G- rule (that a motion to reconsider cannot simply repeat a prior brief) by analogy to this NIW appellate context, finding the petitioner's appellate brief was virtually identical to the earlier motion brief and thus failed to show error in the motion dismissal.
Authorities this decision leans on
From the doctrinal survivor set — 187 authority tests across 47 distinct authorities cleared the differential-lift gates. Only those appear here.
- 8 C.F.R. 103.3
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
- INA 203(b)(2)
- Matter of O-S-G-
Cases in adjacent profiles
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- The Petitioner proposed to establish and lead as CEO a cybersecurity and crisis management company in Florida, offering
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